Practice in Supreme Court — Feigned Issue. Civil ActioN, tried at Fall Term, 1875, of Wake Superior Court before Henry, J. The action was commenced in a Justice’s Court and taken by appeal to the Superior Court and the facts wrere found to be as follows: That the plaintiff in June, 1874, entered into an agreement with defendant, to-wit; “ For and in consideration of' one dollar paid by said Askew to said Blake and in farther consideration of the mutual promise herein set…
Good law ✅— No negative treatment on recordhow we know
Decided 1877-01-05
How this case has been cited
Cited by 3 later decisions — most recently September 1920
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
If feigned issues were ever entertained in this State, they are abolished by the Constitution, Art. 4, § 1.
¶2
This is manifest by a feigned issue based upon a wager to test the validity of certain bonds said to have been issued
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b>y the State alleged in the pleadings to amount to $5,000, ■000:
¶3
Besides the objection that it is a feigned issue which is forbidden by the Constitution, it is an attempted fraud upon 'the State, by putting her interests in jeopardy and affecting her credit, in a controvery to which she is not a party.
¶4
The action is “ not fit to be entertained ” and is therefore ■dismissed.
